History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.33.1

v4.c63.33.1

Dharma and the other three are really the four feet of nirṇaya (final decision), which is one of the four stages of a law-suit (vyavahāra) and so only in a secondary or far-fetched sense they are the four pādas of vyavahāra. Each of these four is said to be of two kinds. Vide Sm. C. II. pp. 10–11, Par. M. III. pp. 198–199, V. P. pp. 87–88 where the verses of Bṛ. are set out and fully explained. A decision is said to be arrived at according to dharma when the wrong-doer admits his guilt or wrong-doing and the real owner secures his wealth or the relief due to him without having to undergo the trouble of a protracted trial by means of witnesses, documents &c. Similarly a decision to be arrived at by ordeals is said to be one by dharma. Dharma and satya are often identified (vide note 125 above) and here the wrong-doer tells the truth and the decision is therefore said to be by *dharma*. When a litigation is fought out in Court by citing witnesses, the decision is said to be by vyavahāra. 'Witnesses' are mentioned only by way of illustration (and imply documents, possession and other means of proof). When a defendant is guilty of not giving a straight reply or when his reply is tainted with faults and so is unacceptable and a decision is given against him on that ground alone it is still a decision by vyavahāra. *Caritra* means 'the usages of a country, village or family' (*deśasthitiḥ pūrvakṛtā caritraṁ samudāhṛtam*—Vyāsa q. in Sm. C. II. p. 11 and Vy. Nir. p. 138).